A will is typically revocable, meaning the most recent one overrides any previous versions. However, exceptions can be made if it’s proven that a revocation clause was included by mistake. In a recent case, a testator in the UK made a will that revoked all prior wills, including an Irish will leaving her Irish property to a friend. The question before the Irish court was whether the UK will revoked the Irish will, which dealt only with Irish property.
The court allowed external evidence, but it was unclear whether the testator intended to revoke the Irish will. The UK solicitors and her niece both stated that the testator likely didn’t intend to revoke the Irish will, but the court found their evidence insufficient. Additionally, concerns arose about the testator’s potential dementia, though no medical evidence was provided.
The UK will contained a clause stating it applied to all property “wherever situate,” leading the court to conclude it applied to both UK and Irish property. The court ruled that the applicants failed to prove the UK will did not revoke the Irish will, meaning the Irish will couldn’t be admitted to probate, and the bequest of the Irish property failed.
This case highlights the importance of providing clear instructions to your solicitor and ensuring that the will accurately reflects your intentions.
Re Turham- Jones [2022] IEHC 417